McPHERSON and McPHERSON & Anor (No 2)

In *McPherson and McPherson & Anor (No 2)*, Loughnan J of the Family Court of Australia considered applications by the husband and a second respondent for summary dismissal of the wife's property settlement claims, and for security for costs. The husband also sought a review of an interim spousal maintenance order.

The court was required to determine whether the wife's points of claim disclosed a reasonable cause of action, and therefore whether summary dismissal was appropriate. It also had to consider whether to order security for costs, given the respondents' submission that the wife's case was weak. Finally, the court needed to assess whether to continue an interim spousal maintenance order, particularly in light of both parties having re-partnered and the wife's disclosure of pregnancy.

Regarding the summary dismissal and security for costs applications, Loughnan J found that there were serious factual and legal questions arising from the wife's claims that warranted determination at trial. The court was not satisfied that the wife's application had no reasonable likelihood of success, and therefore dismissed these applications. On the spousal maintenance review, the court noted that both parties had re-partnered and that the wife's new partner had no obligation to support her. The onus was on the wife to prove her inability to adequately support herself, which the court found was not discharged. Consequently, the application for spousal maintenance was granted.

The applications for summary dismissal and security for costs were dismissed. The interim order for spousal maintenance made on 9 January 2018 was discharged as at the date to which it had been paid.